1. Sec. (a) If the animal registration agency finds that an application for an original or renewal certificate of registration under this subchapter does not meet the requirements of Section 822.104 or, after inspection, that an applicant has not complied with this subchapter, the animal registration agency shall deny the applicant a certificate of registration and give the applicant written notice of the denial and the reasons for the denial. 826.021. If any of these scenarios apply, a dog attack attorney can help you determine liability. DESTRUCTION OF DOG. 1 (S.B. 1, eff. Acts 2007, 80th Leg., R.S., Ch. (Texas Civ 33.001). Sec. April 2, 2015. Amended by Acts 1995, 74th Leg., ch. (a) A justice court, county court, or municipal court shall order the animal control authority to seize a dog and shall issue a warrant authorizing the seizure: (1) on the sworn complaint of any person, including the county attorney, the city attorney, or a peace officer, that the dog has caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person; and. (c) A person may not sell or distribute rabies vaccine for animals to any person except a licensed veterinarian or to a person working in a veterinary clinic who accepts the vaccine on behalf of the veterinarian. Under certain conditions . 1, eff. 822.106. If that finding is not made, the court shall order the dog released to: (2) the person from whom the dog was seized; or. Stay up-to-date with how the law affects your life. Therefore, it is illegal to transport the following species from, to, or within the State of Texas: foxes, coyotes, skunks, or raccoons indigenous to North America. (c) The animal registration agency may establish and charge reasonable fees for application, issuance, and renewal of a certificate of registration in order to recover the costs associated with the administration and enforcement of this subchapter. The decision of the county court or county court at law may not be appealed. REPORTS OF RABIES. (b) An owner of a dangerous wild animal shall keep and confine the animal in accordance with the caging requirements and standards established by the executive commissioner. Acts 2015, 84th Leg., R.S., Ch. 5.95(49), eff. (a) A person commits an offense if the person is the owner of a dog and the person: (1) with criminal negligence, as defined by Section 6.03, Penal Code, fails to secure the dog and the dog makes an unprovoked attack on another person that occurs at a location other than the owner's real property or in or on the owner's motor vehicle or boat and that causes serious bodily injury, as defined by Section 1.07, Penal Code, or death to the other person; or. for non-profit, educational, and government users. Added by Acts 1991, 72nd Leg., ch. USE AND SALE OF RABIES VACCINE. 678, Sec. (b) On the declaration that a quarantine exists, the executive commissioner shall: (1) define the borders of the quarantine area; and. 1, eff. . Sec. The dogs' owner, Christian Alexander Moreno, 31, was arrested hours later and charged with attack by a dangerous dog causing death and injury to an elderly individual by omission or negligence . Meeting with a lawyer can help you understand your options and how to best protect your rights. This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . If you've been bitten by a dog, the first thing you should do -- after getting the contact information of the owner (if nearby) -- is seek medical attention. Sec. May 5, 1995; Acts 2001, 77th Leg., ch. 822.046. Sec. They include negligence, causing a dog bite by violating an animal control law, failing to stop a dog attack which is in progress, and keeping a dog that is known to be vicious. 1, eff. All rights reserved. 219), Sec. 7-4.2 (a) Fails to microchip cat or dog. Sept. 1, 1997. 826.043. (g) It is an affirmative defense to prosecution under Section 822.005(a) that, at the time of the conduct charged, the person and the dog are participating in an organized dog show or event sponsored by a nationally recognized or state-recognized kennel club. Sept. 1, 1989. Sec. Domestic Animals Cats, dogs and ferrets If you were bitten by a cat, dog, or ferret that appeared healthy at the time you were bitten, it can be confined by its owner for 10 days and observed. if (showMsg) { Each animal with respect to which there is a violation and each day that a violation continues is a separate offense. (b) Registration is valid for one year from the date of registration. 678, Sec. 12, eff. Created by the Texas Association of Counties, this publication discusses the law surrounding animal shelters, animal control officers, rabies vaccinations, and the regulation of dogs generally. 7-4.10 (a) Dog/Cat not spayed/neutered and is over the age of six months. Sec. 826.055. 822.002 and amended by Acts 1997, 75th Leg., ch. (3) "Dog" means a domesticated animal that is a member of the canine family. (c) Notwithstanding Section 30.00014, Government Code, or any other law, a person filing an appeal from a municipal court under Subsection (a) is not required to file a motion for a new trial to perfect an appeal. Sec. 44, Sec. 678, Sec. Acts 2007, 80th Leg., R.S., Ch. Visit our attorney directory to find a lawyer near you who can help. Sec. INSPECTION. 822.002. 2, eff. Sept. 1, 2003. (c) It is a defense to prosecution under Section 822.005(a) that the person is a dog trainer or an employee of a guard dog company under Chapter 1702, Occupations Code, and has temporary ownership, custody, or control of the dog in connection with that position. Sec. (b) An offense under this section is a misdemeanor punishable by a fine of not more than $100, confinement in the county jail for not more than 30 days, or both. (a) An owner of a dangerous wild animal may not permanently relocate the animal unless the owner first notifies the animal registration agency in writing of the exact location to which the animal will be relocated and provides the animal registration agency, with respect to the new location, the information required by Section 822.104. The destruction of a dog under this subchapter must be performed by: (2) personnel of a recognized animal shelter or humane society who are trained in the humane destruction of animals; or. Sec. An employee of the department, on the presentation of appropriate credentials to the local rabies control authority or the authority's designee, may conduct a reasonable inspection of a quarantine or impoundment facility at a reasonable hour to determine if the facility complies with: (1) the minimum standards adopted by the executive commissioner for those facilities; and. April 2, 2015. (a) In this section, "handler or rider" and "police service animal" have the meanings assigned by Section 38.151, Penal Code. 219), Sec.